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Questions Answered by Richard Sternberg
2 Answers | Asked in Landlord - Tenant for Virginia on
Q: What is the best way to make an occupant leave your home permanently? Can it be done in 30 days?
Richard Sternberg
Richard Sternberg
answered on Nov 1, 2023

You are missing a few facts, and, without the facts, any answer can't get any better than raging, bleeding malpractice. Further, revealing the facts in an open, Internet forum can be a raging disaster, potentially rising to the point that anything you tell the lawyer related to the facts you... View More

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2 Answers | Asked in Family Law for Virginia on
Q: Found out my marriage is Void Ab Initio.. how do I get a decree from local Judge that confirms this? Form required?

I've seen a form in some areas of Virginia but others not. Is it the same petition form as a divorce?

Richard Sternberg
Richard Sternberg
answered on Oct 20, 2023

I’ve had annulments before, and I’d suppose that’s what this is. It’s either contested or uncontested, but either way, it’s not a form. There may be forms that help you prepare it pro se, but it’s a Complaint. And, if you were defrauded, there may be damages. I’d suggest you start... View More

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1 Answer | Asked in Real Estate Law for Virginia on
Q: What do you need to do to get a gift deed off of a home when the notary was family and now says she owns part of home?

The home was owned jointly and equally by my husband his father mother and sister. No one gave any art of it away. My husbands niece says years ago after his mother passed that the 3 remaining owners signed over part of the home to the 2 remaining sisters but the gift deed wasn't filed with... View More

Richard Sternberg
Richard Sternberg
answered on Sep 20, 2023

Your description is complex, and the details are critical. The matter is also likely to be time-critical. Any opinion rendered without reviewing the documents and the facts, and likely after some light research on race (not ethnic, but means of filing) recording and duties of notaries in your... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can I sue my HOA for never cutting grass on time from the company they hire to do it?

I have had to lodge complaints at least four times regarding the failure to cut the grass in accordance with the HOA Agreement. On occasions where management has reportedly contacted the landscaping company, the grass was cut, but the problem persists with each subsequent service. As of today,... View More

Richard Sternberg
Richard Sternberg
answered on Aug 26, 2023

In most jurisdictions, the law and the courts treat HOAs as local democracies. If they violate their "constitutions," i.e., the Declarations and, to some extent, other adopted "laws," you might get a court not to grant a motion to dismiss. For the most part, your remedy is to... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Can a buyer add that a boathouse roof needs replaced after a home inspection? When it’s not part of the inspection

And it was not on contract to have dock or pier inspected

Richard Sternberg
Richard Sternberg
answered on Aug 20, 2023

It depends on what the contract says, but the option to terminate the contract expires at the time stated in the contract. You should read the contract carefully or get counsel to review it immediately.

2 Answers | Asked in Probate for Virginia on
Q: What is the easiest way to file a petition city of Chesapeake asking a judge to appoint an executor for my mothers estat

Va is a majority rules state and 5/7 siblings have agreed that the property needs to be sold we are not allowed in it by opposing siblings and she prior to mother’s death isolated her until we took legal action

Richard Sternberg
Richard Sternberg
answered on Aug 2, 2023

AFAIK, Virginia is not a "majority rules" state as to partition or sale in lieu of partition of land. Any owner of jointly held land can more for sale in lieu of partition if the property is inherently indivisible. I don't understand the rest of your question or description, so... View More

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2 Answers | Asked in Real Estate Law for Maryland on
Q: My brother was a joint owner of a house, but passed away. The deed states, “rights to survivorship”

The “survivor” is telling me that because my brother had open judgements, I have to pay for them (satisfy the liens) before he “the survivor” can sell the house. How is this true? The asset (jointly owned house) was not part of any probate.

Richard Sternberg
Richard Sternberg
answered on Aug 1, 2023

The answer depends on whether the liens are recorded on the property or, under state law, are implicitly liened against title, so the correct answer is to get a lawyer, do a title search, and resolve title. But, as a general matter, if, under state law, the lien was recorded against the property,... View More

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1 Answer | Asked in Real Estate Law for Virginia on
Q: scenario . . . three sibilings receive a residental house through an estate ( beginning june 2022 )

an agreement is reached between siblings and one of them buys out the other two ( april 2023 ), so the house is now owned by one person ( sibling ). i am buying this house ( july 2023 ) with title insurance. do i need to worry about any future lawsuit from any of the siblings ? extended... View More

Richard Sternberg
Richard Sternberg
answered on Jul 7, 2023

Before you close, your title agent will order a title abstract that shows who holds legal title. The insurance company and your lender will not allow the closing to proceed if the seller does not have good title. While it's best to read the actual contract to be sure of this, it's more... View More

1 Answer | Asked in Family Law for Virginia on
Q: Hi I’m a 18 year old female and my boyfriend is 25 can my dad press charges against him in any way
Richard Sternberg
Richard Sternberg
answered on Jun 24, 2023

In any way? Well, of course. If your boyfriend commits a crime, your father can report it. Indeed, if your boyfriend does not commit a crime, your father can make a false report of it thereby subjecting himself to a charge of False Statement or even perjury. But, if you are asking whether the... View More

2 Answers | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for Virginia on
Q: An estate is trying to evict us. The owner died but we paid him a cash towards the property with verbal agreement.

We made a gentlemans agreement with the owner to rent to own his property. We paid him $25k for down payment and as a show of good faith he wrote us a quit claim for 2 trailers on the land. He passed and now the estate is trying to evict us with refusal of any funds, but the beneficiary (his... View More

Richard Sternberg
Richard Sternberg
answered on Jun 19, 2023

Oral agreements on real estate are not binding. All contracts regarding real estate must be in writing. Sometimes, a writing can be found from things that aren’t thought of as writings, such as an email, receipt, or check. You need to review your specific facts including every written... View More

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1 Answer | Asked in Real Estate Law and Construction Law for Maryland on
Q: Who fixes dryer vent? Can HOA bill for uncompleted work? Is HOA responsible for damages caused by delay & violation?

Mold/mildew caused by dryer vented to inside. I was not informed of it at purchase and I found out its against building code while researching this. Contractor came 4 times in 2 year period. I had to keep asking. Holes cut in wall for inspection by their contractor have not been repaired. I'm... View More

Richard Sternberg
Richard Sternberg
answered on Jun 12, 2023

The answer will depend on who owns what in your condo or HOA, who was responsible for the construction flaw, and who knew of the defect and concealed it. Unless the repair is worth less than the cost of the legal involvement, you may want to have the HOA docs, the advertising and closing docs, and... View More

2 Answers | Asked in Real Estate Law and Estate Planning for Virginia on
Q: 2nd great grandfather leaves 85 acres to 14 children and all descendants, 1 still alive. Every descendant entitled?

a family trust was established and every document mentioned every child by name and says and their descendants have a shared right to use of the land. 2nd great grandfather died in 1930 and up until 1986 all documents list all siblings, some of their children(my deceased grandmother was named) and... View More

Richard Sternberg
Richard Sternberg
answered on Jun 7, 2023

The argument is most likely specious, but real estate title is decided by what the documents say, not what you say. Buy a consult with a lawyer licensed in the state where the property lies, get a title search, and get a reliable answer. You need to do this before you surrender your and your... View More

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2 Answers | Asked in Estate Planning for Virginia on
Q: My spouse and I own a home together. We both have adult kids from previous marriage. If one of us should die without

a will in place, does the step kids automatically get part of the home? Or will the home go to the surviving spouse? in Virginia

Richard Sternberg
Richard Sternberg
answered on Jun 2, 2023

You need a will or a trust or careful retitling of the house. If you own the house by tenants by entireties, then it will pass outside of probate to the survivor of the two of you, and it will go entirely to the survivor's children after the survivor passes. The other children will get... View More

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1 Answer | Asked in Consumer Law, Landlord - Tenant, Real Estate Law and Internet Law for Maryland on
Q: Can I take legal action against HABC.org (Housing Authority of Baltimore City) for False Advertisement?

I have two rental properties in Baltimore City that I wanted to lease out in October 22'. I came across an article/press release online advertising a $1,500 incentive for new landlord's who signed up with program. I begin working with the program and due to their own continuous mistakes... View More

Richard Sternberg
Richard Sternberg
answered on Jun 1, 2023

You want to retain a lawyer to file a suit against what is either a government agency or a public-private partnership which might have a regulatory layer that requires some specialization, and the amount of your lawsuit will be for $3,000. Is that right? The non-refundable retainer from counsel in... View More

2 Answers | Asked in Land Use & Zoning, Real Estate Law, Traffic Tickets and Municipal Law for Maryland on
Q: I live in a private neighborhood and an individual who is not a resident stores his vehicles infront of my property 24/7

Minimum of 1 car but up to 3. They are left there from 1 week up to 4 months. The roads are owned by the county not the HOA. So far all I can do is have them tagged as abandoned at which time the owner is notified and moves the car for 1 day and then returns it. I have to believe this is illegal... View More

Richard Sternberg
Richard Sternberg
answered on May 29, 2023

You might need to hit the books better or retain someone who can. I recall reading something that limited parking on public roads to a time limit unless the road was adjacent to your home, but it might have been Montgomery County Code. The County and incorporated city codes are often unindexed and... View More

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2 Answers | Asked in Real Estate Law and Probate for Virginia on
Q: My mother passed away on 6/22 (no will) . I filed probate received real estate affidavit contacted mortgage co.

5 months later the mortgage co. (sps) files foreclosure after I submit the deed with my name. I have to give them $18, 000 by the first of June what can I do their relationship manager did not file most of the paperwork I sent her

Richard Sternberg
Richard Sternberg
answered on May 26, 2023

I am having some difficulty deciphering your situation. If the $18,000 if the balance of the accelerated loan caused by the default, and the foreclosure was filed because the bank didn't recognize you as the title owner, it's a fairly small problem, and a lawyer can get it solved often... View More

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: I have a deed that shows restrictions of covenants from 1950s. Are these law binding today if nothing has been filed?

No cutting of shrubs, house has to be finished in a year. No commercial or business use are some items. We are a non hoa neighborhood but are a civic association

Richard Sternberg
Richard Sternberg
answered on May 20, 2023

I've had a couple of those cases, and it really depends on what the covenant says and, sometimes, how the caselaw interprets events like the abandonment of a civic association, There is no way to avoid a legal review other than to make whatever assumptions you like best and then pay more if... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: HelloHoa has a clause in place preventing legal action can I still file lawsuit on hoa or file just on hoa management
Richard Sternberg
Richard Sternberg
answered on May 20, 2023

While it might be useful to have a lawyer read the actual clause and review the entire HOA governing documents before concluding as to what they say, as a general matter, neither the HOA nor anyone else, can declare themselves immune from the law or been g challenged in their understanding or... View More

2 Answers | Asked in Estate Planning and Probate for Virginia on
Q: My grandma had a trust but apparently signed her car title over to me like I had bought it. Does that mean it is mine?
Richard Sternberg
Richard Sternberg
answered on Apr 28, 2023

It may depend a bit on the state, but if she signed and delivered the car title to you, you are the title owner. The change of title should be filed an MVA/DMV, and you should make sure the insurance matches the title. You are responsible for the vehicle. On the other hand, if the signing of the... View More

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1 Answer | Asked in Real Estate Law and Civil Rights for Virginia on
Q: Neighbors won't stop trying to use their lawnmower/weedwacker on my property but next to their mail box. Can I stop them

All the mailboxes in my neighborhood are on one side of the street. My neighbors across the street, whose mailbox is on my property, use their mailbox to try to exert weird control over me/my property. They keep trying to mow or weedwack the front of my yard. They also use their mailbox as an... View More

Richard Sternberg
Richard Sternberg
answered on Apr 3, 2023

The answer starts with a title search. I'm willing to guess that the USPS of your neighbors have a recorded easement to the place where the mailbox os located, but the only way to confirm that reliably is a title search. If there is no easement and the mailbox is on your land, you can notify... View More

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